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HomeMy WebLinkAboutAUGUST 4, 2015 REGULAR MEETING ' :r DELORIS"BOBBIE"PRINCE,MAYOR sn.•,,�, BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of cr" CITY MANAGER COUNCIL MEMBERS: 1, y• SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON o r t r t h u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY �«��� CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting August 4, 2015 8:3o a.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 •409/983-8115 • FAX 409/983-8128 • www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur August 4, 2015 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Frank Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Freeman City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. APPROVAL OF AGENDA III. PROCLAMATIONS & MINUTES Proclamations Minutes March 31, 2015 Special Executive Meeting March 31, 2015 Regular Meeting April 28, 2015 Special Executive Meeting May 26, 2015 Special Executive Meeting July 14, 2015 Special Executive Meeting July 21, 2015 Special Executive Meeting IV. PETITIONS & COMMUNICATIONS A. Speakers — None i AGENDA AUGUST 4, 2015 IV. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By Siemens Regarding Water Leaks C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARINGS — 9:00 A.M. — NONE VI. UNFINISHED BUSINESS (1) P.R. No. 19067 — A Resolution Authorizing An Increase In Existing Blanket Order 186890 By $60,000.00 For Joey's Tractor Service Of Port Arthur, Texas, For Grass Cutting Services For Pleasure Island; Funding Available In Pleasure Island Contractual Account No.(s) 450-1291-549.59-00, 450-1292-549.59-00, 450-1293-549.59-00 And 450-1294-549.59-00 VII. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Expense Reports: Assistant City Secretary Kelly Moore: Texas Municipal Clerks Seminar League City, TX June 17-19, 2015 $628.00 2 AGENDA AUGUST 4, 2015 VII. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 18806 — A Resolution Authorizing The City Manager To Execute A Two (2) Year Contract, With The Option Of Renewal For Two Additional Two Year Periods, With McCreary, Veselka, Bragg & Allen, Of Round Rock, Texas, For Collection Of Municipal Court Fines (2) P.R. No. 19045 — A Resolution Authorizing The City Manager To Execute The Third And Final Year Of The Contract With Garner Environmental Services, Inc., Of Deer Park, Texas, For The Provision Of Emergency Environmental, Disaster, And Logistical Response Services In The Event Of An Emergency Or Disaster (3) P.R. No. 19049 — A Resolution Authorizing Acceptance Of Engineer's Certificate And Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Pleasure Island Marina Paving Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Change Order No. 3 Increasing The Contract Total By $17,125.66 And Final Payment In The Amount Of $21,369.08. Funding Being Available In Account 450-1293-549.89- 00 (4) P.R. No. 19062 — A Resolution Authorizing Re-Certification Of Tender Loving Care Center For Children, D/B/A Legacy Community Development Corporation As A Community Housing Development Organization (5) P.R. No. 19071 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Installation Of A Motor Control Center At The 46th Street Lift Station With MK Global Enterprise, DBA Bayou Electric, Of Vidor, Texas, In An Amount Not To Exceed $32,920.00. Funds Are Available In Utility Operations Account No. 410-1255-532.92-00 AGENDA AUGUST 4, 2015 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 19074 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With South East Texas Regional Planning Commission Relating To The Planning, Development, Operation And Provision Of 9-1-1 Service And The Use Of 9-14 Funds (7) P.R. No. 19076 — A Resolution Authorizing The City Manager To Accept The FY 2015 Emergency Management Performance Grant In The Amount Of $37,557.88 (8) P.R. No. 19077 — A Resolution Authorizing The Third And Final Year Renewal Of The Contract With JJCM Enterprises, Inc. D/B/A Park Avenue Cleaners, Of Port Arthur, Texas, For Police Uniform Cleaning Services, In A Not-To-Exceed Amount Of $46,750.00. Funds Are Available In Police Account No. 001-1101-521.26-00 (9) P.R. No. 19078 — A Resolution Authorizing The Third And Final Year Renewal Of The Contract With American Personnel & Temps Of Beaumont, Texas, For Providing School Crossing Guard Services For The Police Department, In The Amount Of $11.81/Hr, Not To Exceed $66,727.30, To Be Charged To Police Account No. 001- 1101-521.54-00 (10) P.R. No. 19079 - A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding With The South East Texas Regional Planning Commission For City Of Port Arthur Utilization Of Communications Equipment Purchased By South East Texas Regional Planning Commission With Texas Homeland Security State Administrative Agency Grant Funds (11) P.R. No.19080 - A Resolution Authorizing The City Manager And The City's Health Director To Execute A Memorandum Of Understanding Between The City Of Port Arthur And The Medical Center Of Southeast Texas To Support Mass Preventative Measures That Preserves Health And Prevents The Spread Of Disease During A Public Health Emergency 4 AGENDA AUGUST 4, 2015 VII. CONSENT AGENDA — CONTINUED (12) P.R. No. 19081 - A Resolution Authorizing The City Manager And The City's Health Director To Execute A Memorandum Of Understanding Between The City Of Port Arthur And TOTAL Petrochemical, Port Arthur, To Support Mass Preventative Measures That Preserves Health And Prevents The Spread Of Disease During A Public Health Emergency (13) P.R. No. 19082 - A Resolution Approving An Affiliation Agreement Between The City Of Port Arthur Health Department And Lamar University, Beaumont, Texas, For The Use Of Community-Based Clinical Facilities For The Education Of Nursing Students (14) P.R. No. 19083 - A Resolution Approving The FY 2015-2016 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals In The Amount Of $162,630.00 (15) P.R. No. 19084 — A Resolution Authorizing The City Manager To Execute The Third And Final Year Of The Contract With J-3 Metals Of Vidor, Texas, For The Hauling And Recycling Of Scrap Metal And White Goods From The City Of Port Arthur, And To Provide Proper Disposal Thereof (16) P.R. No. 19085 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 To The Contract Between The City Of Port Arthur, GLO, And BDS Constructors, LLC Dba MK Constructors Of Vidor, Texas, For The 9th Street Paving Improvements Project — Williams Ave To Duff Drive South Of 9th Street, Increasing The Contract Amount By $92,133.30 To A New Contract Amount Of $771,678.30 And Increasing The Term By Sixty Six (66) Days To A New Total Of Three Hundred Fifteen (315) Days. GLO Round 2.1 Program, Project No. I2119, Account No. 144-1201-532.59-00 (17) P.R. No. 19086 - A Resolution Authorizing The City Manager To Accept The Real Property Donation From Lillie Mae Polidore Located At 847 Herget Avenue 5 AGENDA AUGUST 4, 2015 VII. CONSENT AGENDA — CONTINUED (18) P.R. No. 19088 — A Resolution Authorizing The City Manager To Execute Change Order No. 10 To The Contract Between The City Of Port Arthur And Allco, L.L.C., Of Beaumont, Texas, For The Highway 87 Water System Improvements From Keith Lake To Sabine Pass Standpipe, For The Removal Of Items Not Used, Decreasing The Total Contract Amount By $42,094.00, To A New Contract Amount Of $3,566,308.89 (19) P.R. No. 19092 — A Resolution Authorizing Approval Of Guidelines For The Implementation Of A Lease Purchase Program Consistent With The Home Program, And Authorizing Tender Loving Care Center For Children, D/B/A Legacy Community Development Corporation To Implement A Lease Purchase Program VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19066 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On 12.665 Acres Of Land On Lots 6 And 7, Camellia Plaza, Port Arthur, Jefferson County, Texas, Located Behind The Three Rivers Inn At The Eastern Corner Of Texas 73 And West Port Arthur Road (2) P.R. No. 19087 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Freeman) 6 AGENDA AUGUST 4, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT B. Ordinances (1) P. 0. No. 6465 - An Ordinance Designating A Tax Abatement Reinvestment Zone For The Downtown/Port Of Port Arthur Area (2) P.O. No. 6477 — An Ordinance Authorizing Special Warranty Deeds For Conveyance Of Property To Tender Loving Care Center For Children, D/B/A Legacy Community Development Corporation IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives AGENDA AUGUST 4, 2015 IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.087 Government Code — To Discuss Incentives/Tax Abatements For Commercial And/Or Industrial Business Prospects For The Downtown/Port Of Port Arthur Area (2) Section 551.072 Government Code — To Discuss The Value of The Land located at 3451 57th Street *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On August 5, 2015. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law ************************************************************ 8 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL &AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure;Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council,shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council,without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints,Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning,All persons shall at the request of the Presiding Officer,be silent. Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such Officer may order him to remove himself from the meeting.If he does not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal,Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce,Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents.Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken,the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.